The 42nd Amendment to the Constitution of India was passed in 1976 during the Emergency era, when Prime Minister Indira Gandhi had declared a state of national emergency on June 26, 1975, and suspended many civil liberties. The amendment was passed on January 22, 1977, just a few months before the end of the Emergency.

Importance of the 42nd Amendment:

The 42nd Amendment was significant because it introduced several changes to the Constitution, which were intended to strengthen the government’s authority and weaken the checks and balances on its power. The amendment was seen as a attempt to consolidate the government’s control and ensure its continued dominance over other branches of government.

Changes brought by the 42nd Amendment:

1. Amendment to Article 31-C: The amendment deleted Article 31-C, which protected citizens’ rights to property and personal liberty from laws that were violative of fundamental rights. This change allowed the government to pass laws that could potentially violate these rights.
2. Amendment to Article 31-D: The amendment added a new clause to Article 31-D, which enabled the government to override court decisions that went against its policies or decisions.
3. Amendment to Article 368: The amendment introduced a new clause to Article 368, which allowed Parliament to amend any part of the Constitution, including fundamental rights, without any judicial review.
4. Amendment to Article 32: The amendment reduced the scope of judicial review by limiting the Supreme Court’s powers to review constitutional amendments.
5. Amendment to Article 13: The amendment deleted Clause (2) of Article 13, which had previously prohibited the government from making laws that were inconsistent with fundamental rights.
6. Amendment to Article 143: The amendment gave Parliament the power to make laws on matters related to the Indian Constitution without consulting the President.

Impact of the 42nd Amendment:

The 42nd Amendment has been criticized for its far-reaching implications on Indian democracy. Some of the concerns raised include:

1. Erosion of judicial independence: The amendment reduced the scope of judicial review and undermined the independence of the judiciary.
2. Weakening of checks and balances: The amendment weakened the system of checks and balances between different branches of government, potentially allowing for abuse of power.
3. Expansion of executive power: The amendment gave more power to the executive branch, potentially enabling it to dominate other branches of government.